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Arrow Doorstep Agent Visit

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Last year my grandmother received a letter from a debt collection agency 'MacKenzie Hall' regarding an old debt. I ignored the letter and eventually they phoned us. I didn't admit to the debt because my grandmother has no memory of it. She had a stroke about 5 years ago and since then I've been dealing with her finances. I asked what this supposed debt was for and when it was from. I was informed it was for Littlewoods catalogue and was from 2003/2004 which was when the last payment was made. I told them the debt wasn't ours and not to call again.

 

Afterwards they kept sending letters so I went to citizens advice who told me that regardless of whether or not the debt was ours, as it was over 6 years ago it was status barred and to tell the DCA that if they phoned again. I followed the advice and next time they called I told them that the debt was status barred still without admitting responsibility. I told them if they kept calling I'd report them for harrassment.

 

Last week we got another letter through the door this time from Debt Managers Ltd on behalf of Arrow - Shop Direct Carvel. I just ignored the letter because it's outwith the 6 years limit. Since then I've had a couple of automated 'If you are *** press one' calls from them and another letter stating that a doorstep agent will be visiting to arrange repayment of the debt. I've checked our credit score and it says the debt didn't default until 2008. Does this mean the debt isn't status barred even though a payment hasn't been made since 2004 and we haven't owned up to the debt?

 

They won't leave us alone and it's really stating to stress me out. I suffered from really bad anxiety so having to deal with pushy agents is beyond my capabilities at the moment.

 

Any and all advice welcome.

 

P.S. I'm in Scotland

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Hi There

 

I too have had the same letters and phone calls from these companies, I have ignored the last letter about the doorstep visit and have not received anything since October.

 

Regardless, if there has been no absolute acknowledgement or payment towards this debt for 6 years it is Statuate Barred. The default should be placed on the file within a timly manner, normally within 6 months but this is not set in stone.

 

If you are sure that the debt is Statute Barred, send the letter and maybe it would be worth contacting the Data Controller at Littlewoods to get them to remove any adverse data from the Credit File.

 

I'm sure that others with more Knowledge/Experience will be along to help with your queries, but I hope I have helped with the Statute Barred query.

 

QB

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I actually meant to add that the SB date is 6 clear years from the Cause of Action, this would after the 1st missed payment.

The default date does not count in this case, but should definately be put on probably no more than 6 months after the 1st missed payment.

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Hi,

 

If your grandmother is also in Scotland a debt becomes Statute Barred after 5 years then fails to exist.

 

Some info here.................

 

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

 

 

 

 

There is a letter you can send..................... ...

 

Dear Sir/Madam

 

Ref: xxxxxxxxxxx

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

 

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged;

 

then as from the expiration of that period the obligation shall be extinguished..."

 

I/we would also point out that the Office of Fair Trading (OFT) say under their debt collection Guidance on statute barred debt that:

 

"It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last written acknowledgement/payment of this debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Part 1 Section 6of the above Act, I/we suggest that you are no longer able to take anycourt action against me/us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that:

 

"continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment".

 

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

I/we look forward to your reply.

 

Yours faithfully


 
 

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